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The Affidavit of Affixture is a crucial document in the realm of real estate, particularly for individuals who own manufactured homes. This form serves to legally attach a manufactured home to a parcel of land, thereby converting it from personal property to real property. By completing this affidavit, homeowners can streamline the process of obtaining financing, as lenders typically prefer real property over personal property due to its enhanced value and security. The affidavit must include specific details, such as the home’s identification number, the legal description of the land, and the signatures of the property owner and any relevant parties. Additionally, it is essential for the affidavit to be filed with the appropriate local government office to ensure public record and legal recognition. Understanding the significance and requirements of the Affidavit of Affixture can empower homeowners to navigate the complexities of property ownership with greater confidence.
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Dos and Don'ts
When filling out the Affidavit of Affixture form, it is important to follow certain guidelines to ensure accuracy and compliance. Here are some dos and don'ts to keep in mind:
- Do read the instructions carefully before starting the form.
- Do provide accurate information regarding the property and affixture details.
- Do sign and date the form where indicated.
- Do keep a copy of the completed form for your records.
- Don't leave any required fields blank.
- Don't use white-out or correction fluid on the form.
- Don't submit the form without reviewing it for errors.
Following these guidelines will help ensure that your Affidavit of Affixture is processed smoothly.
Affidavit of Affixture Sample
Affidavit of Affixture
This Affidavit of Affixture is made in accordance with the laws of [State], specifically referencing [Relevant State Laws].
This document serves as a legal declaration that describes the affixture of a mobile or modular home to real property and establishes the home as a permanent structure.
To complete this affidavit, please provide the following information:
- Affiant Name: __________________________________
- Affiant Address: ______________________________
- Property Owner Name: ________________________
- Property Address: ___________________________
- Manufacturer's Name: ________________________
- Model of Home: _______________________________
- VIN/Serial Number: __________________________
- Date of Affixture: ___________________________
The undersigned affiant hereby affirms that:
- The mobile or modular home listed above has been permanently affixed to the real property described herein.
- The transformation of the home from personal property to real property has been completed according to applicable local and state laws.
- Documentation and evidence of this affixture are available and can be presented upon request.
By signing this Affidavit, the affiant confirms the truthfulness of the information provided and acknowledges the consequences of falsely affirming information.
Signed this ____ day of ____________, 20___.
Affiant Signature: ______________________________
Printed Name: __________________________________
Listed Questions and Answers
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What is an Affidavit of Affixture?
An Affidavit of Affixture is a legal document used to declare that a mobile home or manufactured structure has been permanently affixed to a specific piece of real estate. This form is often required when a homeowner wants to convert their mobile home into real property, allowing for property taxes to be assessed and for the home to be eligible for financing options typically available for real estate.
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Why do I need to file an Affidavit of Affixture?
Filing an Affidavit of Affixture is essential for several reasons. It provides legal recognition of the mobile home as part of the real estate, which can affect property taxes, insurance, and financing. Without this affidavit, the mobile home may be treated as personal property, limiting your options for loans and potentially complicating future sales.
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Who can file an Affidavit of Affixture?
Typically, the owner of the mobile home or manufactured structure files the Affidavit of Affixture. If the home is financed, the lender may also have a role in the process. It is important that the person filing the affidavit has the legal authority to do so, which usually means they are the titleholder of the property.
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What information is required on the Affidavit of Affixture?
The affidavit generally requires details such as the owner's name, the physical address of the property, a description of the mobile home (including its make, model, and identification number), and a statement confirming that the home has been permanently affixed to the land. Additional information may be required depending on local regulations.
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Where do I file the Affidavit of Affixture?
You must file the Affidavit of Affixture with the local county clerk or recorder's office where the property is located. It is crucial to check with your local office for specific filing procedures and any associated fees.
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Is there a fee associated with filing the Affidavit of Affixture?
Yes, there is usually a filing fee that varies by location. It is advisable to contact the local county clerk or recorder's office to find out the exact amount and accepted payment methods. Be prepared for additional costs if you need to obtain certified copies of the affidavit.
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What happens after I file the Affidavit of Affixture?
After filing, the affidavit becomes part of the public record. This means that it is accessible to anyone who wishes to review property records. The mobile home will now be considered real property, which can affect how it is taxed and financed. You should receive confirmation from the county office once the filing is processed.
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Can I remove the Affidavit of Affixture later?
Removing an Affidavit of Affixture is possible, but it generally requires a formal process. This often involves filing another legal document that states your intention to revert the status of the mobile home back to personal property. Consult with a legal professional for guidance on the specific steps you need to take.
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What if I have more questions about the Affidavit of Affixture?
If you have additional questions, it is best to reach out to a local attorney or a real estate professional who specializes in property law. They can provide personalized advice and clarify any specific concerns you may have regarding your situation.
PDF Characteristics
| Fact Name | Description |
|---|---|
| Definition | An Affidavit of Affixture is a legal document that confirms a mobile home is permanently attached to real property. |
| Purpose | This form is used to convert a mobile home from personal property to real property, allowing for easier financing and taxation. |
| State-Specific Forms | Each state may have its own version of the Affidavit of Affixture, often governed by local property laws. |
| Governing Law | In California, for example, the governing law is the California Civil Code Section 799.2. |
| Filing Requirements | The completed form must typically be filed with the county recorder's office where the property is located. |
| Signatures Required | Both the property owner and the mobile home owner must sign the affidavit to validate it. |
| Notarization | Most states require the affidavit to be notarized to ensure authenticity. |
| Impact on Taxes | Once filed, the mobile home is treated as real property, which can affect property taxes. |
| Legal Implications | Filing an Affidavit of Affixture can impact ownership rights and responsibilities regarding the property. |
| State Variations | Requirements for the affidavit may vary significantly from state to state, so it's crucial to check local laws. |